Mandamus Petitioner – Certify Thy Petition

Originally published by David Coale.

“We are bound by this Court’s prior precedent requiring exceptionally strict compliance with rule 52.3(j)’s requirements. To comply with prior opinions of this Court that interpret mandamus rules, relators should use the exact words of rule 52.3(j) without deviation in their certification: ‘I have reviewed the petition and concluded that every factual statement in the petition is supported by competent evidence included in the appendix or record.’ Because Mr. Stewart failed to use the precise words in the rule, we are bound by precedent to deny mandamus.” In re Stewart, No. 05-19-01338-CV (Jan. 24, 2020) (mem. op.) (emphasis added).

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